COMPARATIVE ANALYSIS OF SIMPLE LAWSUITS AND ORDINARY CIVIL LAWSUITS

Abstract

Resolving disputes through traditional court processes may not be ideal for minor claims due to the disproportionate costs involved. To address this, the Supreme Court introduced Perma Number 2 of 2015, amended by Perma 4 of 2019, which establishes procedures for simple lawsuits. This study examines the similarities and differences between simple and ordinary civil lawsuits, as well as the challenges inherent in each. Using a normative-empirical legal method with a descriptive approach, the research analyzes primary and secondary legal materials. Findings indicate that while both types of lawsuits accommodate legal classifications and remedies, simple lawsuits impose restrictions such as a maximum claim value of IDR 500,000,000, exclusion from certain disputes, and mandatory personal attendance by the Principal at each trial, which are not present in ordinary lawsuits. Challenges for ordinary civil lawsuits include lengthy case resolution, unrestricted appeal options, and implementation issues, whereas simple lawsuits face obstacles like mandatory Principal attendance, limited defendant rights, and vague decision implementation regulations.

Keywords

• comparative research
• ordinary civil lawsuit
• simple lawsuit